If you or a loved one has suffered an injury that was caused by someone else’s negligence, recklessness, or malice, you may be entitled to compensation. However, the legal system is complicated, and determining your rights on your own can be a daunting task. This guide is here to give you a general overview of the process and to learn more about why working with personal injury attorneys is so important.
The attorneys at Long, Jean & Weschler, P.A. work on a contingency basis. You will never have to pay out of pocket, and we only receive compensation if you receive a settlement or court award. So, if you have been injured in an accident, contact us now for a free, no-obligation consultation.
About This Compensation Guide
Our team of experienced personal injury attorneys has compiled this guide to help you understand the basics of personal injury law and how it may pertain to your case. Keep in mind as you read this that no two personal injury cases are alike. Even if you see similarities in any examples referenced in this guide, your attorney will need to take a unique approach to defend your rights and collect the compensation you rightfully deserve.
Overview of Personal Injury Compensation: What It Is and How It Works
Accidents can impact the lives of victims in many different ways: the cost of medical treatment, the physical and emotional pain, replacing and preparing damaged personal property, setbacks to your normal everyday life, lost wages, and numerous other expenses and inconveniences.
While most people are aware that they can file an insurance claim, they typically (and incorrectly) think that they are only entitled to recovering the cost of medical care, the cost of damaged property, and lost wages. The reality is that these damages often reflect only a fraction of the damages that an accident victim may be entitled to.
However, that doesn’t mean that the insurance company will readily pay out the full value of your accident. And insurance adjusters know that the sooner they can get you to settle your claim, the less likely it is that you’ll seek the services of an attorney. Their job is to get you to accept a minimal settlement to protect their employers’ bottom line.
Many people don’t know they can work with an attorney even if they don’t file a lawsuit. In fact, personal injury attorneys most often work with victims to reach out-of-court settlements, with many of these settlements taking place before a lawsuit is ever filed.
Categories of Personal Injury Compensation
The financial and intangible costs of a personal injury case — whether a car accident, medical malpractice incident, product liability accident, a slip and fall, etc. — are called damages. In the state of Florida, the civil justice system divides damages into a few distinct categories: economic damages, non-economic damages, and punitive damages.
Economic and non-economic damages are both considered compensatory damages because they’re meant to compensate a victim for measurable impacts or losses. Punitive damages, on the other hand, are non-compensatory. They are intended to financially punish the at-fault party. Compensatory damages are present in all personal injury cases, while punitive damages are rare and only awarded by a judge or jury at the end of the case.
Economic Damages
Economic damages are designed to compensate victims for direct financial losses or expenses related to the injury, such as medical bills, lost wages, property damage, and other expenses associated with the accident.
Attorneys tally up the costs for all of these expenses, whether the accident victim pays them out of pocket, the expenses are paid by insurance, or the costs are represented by some other metric. For example, an injured employee uses PTO to avoid missing a paycheck following an accident. Economic damages are fairly straightforward, but someone who isn’t familiar with personal injury law may miss certain categories of damages.
Additionally, an attorney may need to determine compensation for future expenses. For instance, the accident may settle while the victim is still recovering. That may mean future surgical procedures, physical therapy, future lost earnings, etc.
While insurance companies will try to reduce the impact of economic damages, it can be challenging when faced with an itemized list of expenses. This is often a winning strategy when dealing directly with an injured victim, but our personal injury lawyers are highly skilled at countering this strategy in settlement negotiations.
Non-Economic Damages
Non-economic damages are also considered compensable damages, but the calculation is more complex. Non-economic damages are also called pain and suffering because the purpose is to compensate the plaintiff for physical pain and emotional trauma. In wrongful death cases, this can also include the grief of the survivors.
Because there is no direct economic loss associated with pain and suffering damages, calculating the dollar value can be difficult. For example, consider a car accident case where the victim loses an arm. How does one put a price on the loss of an appendage? A personal injury attorney can research what plaintiffs with previous injuries have received in the past. This is often the basis upon which the courts will award non-economic damages.
Another method is known as the “multiplier method,” which places the severity of the aggregate non-economic damages along a scale (typically between 1-5) and then multiplies that number by the total economic damages. For example, economic damages totaling $100,000 and a multiplier of 2.5x will result in non-economic damages of $250,000 for a total of $350,000 in compensatory damages. Of course, this initial number is a starting point for settlement negotiations and may vary significantly from the final award or settlement amount.
Punitive Damages
In cases where the defendant’s neglect was egregious or they acted intentionally, the court may award punitive damages to the defendant. These damages are not part of settlement negotiations, so your personal injury attorney will never include these in out-of-court proceedings and won’t offer an estimate for the punitive damages they believe you are owed.
For example, we sometimes see punitive damages in DUI injury accidents where the at-fault driver had a high BAC. In cases like these, not only was the defendant at fault for the accident, but their actions made the accident highly likely.
If your attorney sees potential for punitive damages, they may take a tougher negotiation stance, knowing that litigation may be more profitable for their client.
In Florida, there are no damage caps for economic and non-economic damages. However, Florida law caps punitive damages at $500,000 or three times the amount of compensable damages, whichever is higher.
Factors That Affect Compensation: Liability, Severity of Injuries, and Insurance Coverage
Damage calculations can be complex. Even two people who were riding in the same vehicle and suffered the same injuries in a car accident may have different settlement amounts. Compensation is based on numerous factors, including the severity of the injuries, age, income, etc.
Liability
Florida uses a modified comparative fault doctrine. Plaintiffs can recover damages even if they are determined to be at fault. However, their compensation is reduced by their percentage of fault. If the plaintiff’s portion of the liability is 50% or higher, they can’t recover damages. Consider a plaintiff who is t-boned by someone running a red light. The accident might entirely be the fault of the defendant, but if the plaintiff was speeding, the court might decide that the high speed increased the damage amounts. They may decide that the plaintiff’s compensation be reduced by 20%.
Severity of Injuries
Injury severity is a significant factor in personal injury cases. However, it’s not always straightforward. A broken wrist does not have a set compensation value assigned to it. For instance, a teenager and a working parent may sustain the same broken wrist injury, but there is a difference as to how it will impact their lives. The parent may miss several weeks of work and heal more slowly. The teen heals more rapidly and is not earning an income.
Your attorney must make sure that the settlement amount takes into consideration all potential medical bills in the future, as well as ongoing pain and suffering, diminished quality of life, potential loss of future earnings, and more.
Working with an attorney who can interpret your medical reports and understand the long-term impact of your injury is an important part of the settlement process. They will need to calculate all of your damages and defend their calculations during settlement negotiations. Consequently, your lawyer must have a proper understanding of how to navigate this process successfully.
Insurance Coverage
Every driver must carry a minimum amount of insurance coverage in Florida — $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) — and most car owners will have much more than that. However, roughly 1 in every 5 drivers in Florida is operating their vehicle with no insurance at all. Most businesses and landowners also have some sort of liability protection.
In the event that an accident victim seeks compensation beyond what is available in the at-fault party’s insurance policy, they may need to pursue additional avenues for damages. An experienced personal injury attorney will help you find other avenues of compensation, such as filing a lawsuit directly against the at-fault party or seeking other sources of insurance, like added coverage for uninsured motorists.
It is important to note that if an at-fault party does not have the resources available, you simply may not be able to recover compensation even if it is awarded.
Common Myths About Personal Injury Compensation: Debunking Misconceptions and Misinformation
There is a lot of false information floating around about personal injury cases that may prevent victims from receiving the compensation they deserve. Here are a few of the most persistent and the truth behind them:
Myth: Personal Injury Cases Are Usually Frivolous
Fact: Personal injury cases are designed to hold those parties who have caused harm through negligent, reckless, or intentional acts responsible for their actions. These cases are designed to make a victim whole again through financial compensation for measurable damages.
Myth: You Can’t Pursue Damages Unless You Have Zero Liability
Fact: Under the doctrine of modified comparative fault, victims can still be awarded even if they were partially to blame for the accident. The final amount will be reduced by the percentage of fault attributed to the plaintiff up to 50%.
Myth: Personal Injury Lawyers are Only for Lawsuits
Fact: While some personal injury cases end up in court, the majority of them are settled before a lawsuit is ever filed. Most personal injury attorneys focus almost exclusively on reaching settlements because they are quicker and often more favorable.
Here at LJW Legal, our mission is to educate those who have filed a personal injury claim on all facets of the process. From knowing when to settle a claim to how damages are defined and the average timeline for a case, we’ve got answers. We are extremely accessible to our clients, and you can expect rapid turnaround times for your questions.
Legal Representation in a Personal Injury Case
In order to receive maximum compensation for your personal injury claim, it’s crucial that you have the best legal representation possible. If you were under the impression that you could not afford a top-tier lawyer to handle your claim, you’ll be pleased to know that our law firm works on a contingency basis. That means that we do not charge our clients for our professional representation. Located in Pompano Beach, FL, we have extensive experience with Broward County personal injury cases.
The legal system is complex, and accident victims need professional representation to navigate the paperwork, processes, and handling of evidence associated with civil cases. Remember, each legal case is unique, and you need a law firm that takes a personalized approach to each client they serve. Don’t settle for just any law firm. Call LJW today.
Types of Personal Injury Cases
These are among the most common types of personal injury cases that we handle.
Injuries Resulting from Car Accidents
Personal injury settlements in relation to motor vehicle accidents are among the most common types of claims. Property damage-only accidents can be handled through the insurance companies. If you have an injury, however, you should contact a personal injury lawyer.
While motorists are required to carry Personal Injury Protection (PIP) coverage on their policies, the limit of coverage you have selected may not cover all of your medical bills and lost wages, and it won’t cover damages for pain and suffering.
If you’re injured in a car accident, seek medical care immediately so you have proper documentation of any injury sustained in a car accident. Keep track of every medical bill you receive and provide them to your attorney to review. Be sure to find a lawyer who specializes in car accident injury claims.
Slip and Fall Accidents
Also referred to as premises liability cases, slips, trips, and falls are responsible for many injuries and deaths in the United States every year. Elderly people are the most affected, and the injuries they sustain can even be life-threatening.
If you are injured in a public space, make sure to notify the manager of the accident. Ask them to preserve any security video that may have captured the incident, and take pictures of the scene with your phone. It will help your case later.
Defective Product Injuries
If your injury is the result of a product liability or defective product, you may be able to join a class action lawsuit if there is a mass recall. Product liability cases are divided into three categories:
- Manufacturing Defects – These are individual flaws in the products that make them dangerous. For example, a ladder with a rung that’s not properly secured to the piece.
- Design Defects – Instead of the issue being with specific products or batches of products, the issue is with the design of the product itself. An example would be a company that replaces its wooden hammer handles with a composite that can’t withstand repeated pounding.
- Failure to Warn – This occurs when the manufacturer knows of a risk but does not inform the public. This happens a lot with pharmaceuticals that present dangers to certain individuals.
What Kinds of Products Can Result in Injury Liability Claims?
Virtually any product that is manufactured and causes injury can result in a personal injury claim. This includes cars, electronics, furniture, paint, food, home construction materials, children’s toys, and much, much more.
Wrongful Death Cases
In Florida, the estate’s personal representative can file a lawsuit on behalf of the deceased person. The proceeds of this case go to the accident victim’s survivors. The statute of limitations on wrongful death cases is only two years from the date of death. It’s essential to have an attorney who is familiar with these cases in order to collect damages.
Injuries Resulting from Other Occurrences
Long, Jean & Weschler, P.A. also represents clients who have been injured in:
- Animal Attacks and Dog Bites
- Boating Accidents
- Civil Rights Cases
- Elderly Abuse and Nursing Home Neglect
- Medical Malpractice
- Motorcycle Accidents
- Mass Torts
Lump Sums vs. Structured Settlements
Once you have reached a personal injury settlement agreement, your payment may take one of two forms. Before you agree to a settlement, make sure you understand the difference between accepting a lump sum or a structured settlement.
Lump Sum Agreements
A lump sum payment means that you will receive all of the money you’re entitled to in a single payment. The other party will pay you the entirety of what you’re owed one time. There are pros and cons to this type of settlement. With a lump sum settlement, the advantage is that you receive the money quickly. The downside is that often, a lump sum agreement may be less money than a structured settlement will be in the long run. You’ll also have to pay taxes on a large amount of money all at one time.
Structured Settlements
Structured settlements mean that you will receive the entirety of your settlement amount over a period of time, little by little. This may be a monthly payment or a yearly payment, depending on the agreement. The benefits are that you only have to pay taxes as you go, and you’re assured that you will have a reliable stream of income for a set amount of time.
Frequently Asked Questions About Personal Injury Compensation
The personal injury lawyers of Long, Jean & Weschler, P.A. have successfully represented hundreds of South Florida accident victims. These are the most common questions we receive, along with answers from our legal team.
Are Online Personal Injury Settlement Calculators Accurate?
The internet is full of calculators and estimates for everything. From mortgage loans to estimated savings on car insurance rates, you can find a calculation for almost anything. But what about injury settlement calculators?
Of course, before filing a claim, you’ll want to see how much you can possibly get. Is it worth going to court for the amount of money you’ll receive, especially after lawyer fees? Don’t rely on an online calculator to make the decision for you.
LJW Legal offers free case evaluations before you commit to hiring the team. Speak with a professional before filing a claim so that we can advise you on what to realistically expect. Our lawyers are straightforward and will be better able to calculate appropriate compensation once they know the facts of your case.
Will I Receive Compensation for Pain and Suffering?
While the damage you’ve incurred to your vehicle, property, or medical bills that you’ve accumulated as a result of a personal injury case can be hefty, they don’t account for your physical pain, emotional anguish, and the sheer inconvenience of being in an accident. Pain and suffering is a legal mechanism to compensate you for the intangible costs of an accident. However, it’s difficult to measure non-economic damages.
The insurance company will always try to reduce the amount of pain and suffering damages. This is another reason why you need to consult a personal injury lawyer. When filing a claim, the burden of proving pain and suffering is on you, the plaintiff. They can help establish the proof you need to maximize the pain and suffering portion of your damages.
What Factors Affect Your Ability to File for Pain and Suffering Damages?
As a general rule, the greater the severity of the accident, the stronger the pain and suffering portion of your compensation is likely to be. There are cases, however, where you are entitled to pain and suffering damages, and the defendant’s insurance coverage is insufficient to fully cover the damages. If they have other assets — a home, securities, etc. — you may be able to draw your compensation from their personal assets.
There are no damage caps for economic and non-economic damages in the state of Florida. This means that you should be able to get appropriate compensation for your pain and suffering if the defendant’s resources are available.
How Are Damages Defined in a Personal Injury Lawsuit?
Damages can include a wide range of elements, which is another reason to get a professional case evaluation regarding your claim. Damages that are typically considered valid in a personal injury claim include:
Economic Damages
- The cost of medical bills
- The cost of future medical bills that will be incurred as a result of the injury
- The cost of medication associated with the injury
- The cost of physical rehabilitation
- Damage that was incurred to any property in the incident, such as your vehicle
- Damage that was incurred to personal belongings in the incident, such as a cell phone, items that were in a vehicle, aftermarket vehicle parts, jewelry, etc.
- Wages lost as a result of the injury/accident
- Future wages that will be lost in relation to the injury/accident
- In wrongful death claims: funeral costs and future lost earnings.
Non-Economic Damages
- Physical pain and discomfort
- Emotional trauma (This does not include the cost of therapy, which would be part of the economic damages.)
- Inconvenience
- For wrongful death: loss of companionship, the pain and suffering of the decedent before they passed, and mental anguish of the survivor.
Punitive Damages
Usually only awarded in cases where the negligence is egregious or willful.
How Do I Know If I Have a Case?
Chances are that if you have suffered an injury as the result of another person’s negligence or the negligence of an organization, you will be entitled to a form of monetary compensation. We will have a better understanding of your case once we meet.
In order to receive compensation, your case must have the following four elements.
- Duty of Care – The defendant must have had an obligation at the time of the accident to prevent you from harm. For example, clear, unobstructed floors in an establishment.
- Breach of Duty – The defendant must have somehow failed to breach that duty. An example would be running a red light.
- Causation – The defendant’s breach of duty must have caused or partially caused the accident.
- Damages – You must show that you’ve suffered some type of injury from the accident.
During your free case evaluation, our lawyers will review your case and determine whether or not these elements exist. If they do, we can begin representing you immediately.
Why Should I Accept a Personal Injury Settlement Instead of Going to Court?
In short, jury trials are unreliable. If you take your case to court without accepting a settlement, you stand the chance of walking away without any compensation at all. This is the last thing that you want when you have suffered an injury at the hands of another person or organization.
One study showed that less than 4% of all personal injury claims make their way to court. This means that 96% of all plaintiffs settle. An experienced personal injury lawyer can advise you on the best course of action based on the unique facets of your case.
When Will I Receive the Money from My Personal Injury Settlement?
Legal negotiations can take some time, which can be frustrating for a person who has suffered an injury. This is why it’s important to hire a legal team that is efficient and aggressive in arguing your case. The sooner you contact a personal injury attorney, the sooner they can begin fighting your case.
It can take anywhere from a few weeks to as much as a year to negotiate a settlement, and the timespan in which you will receive your money varies greatly, too. Sometimes, you will receive a check in just a few short weeks, but it can take up to several years in specialized cases.
This is another reason to hire the most experienced personal injury law firm to advocate for you.
Finding the Best Personal Injury Attorney
If you’re in need of a personal injury attorney in Pompano Beach, FL, contact LJW Legal for a free case evaluation today. Remember, time is of the essence when filing for a personal injury settlement, and it’s crucial to take action quickly.
Hire a team that will fight to get the compensation you deserve.